Judgment

G.B. Pattanaik, J.-The two appellants Nirmal and his brother Dharam­pal, being aggrieved by the judgment of the Punjab and Haryana High Court in murder Reference No. 4 have approached this Court. The High Court has affirmed the death sentence awarded against them by the learned Sessions Judge Shahpur for the brutal murder they committed by murdering the entire family of the deceased Tale Ram. The prosecution case in nutshell is, that Tale had three daughters Punam @ Bimla, Nirmala and Neelam and two sons named Tinue and Parveen. Wife of Tale Ram was Smt. Krishna, Dharampal and Nirmal are distantly related to Tale Ram. In January 1991 a complaint was lodged by Punam that Dharampal had committed rape on her. In the said proceeding Dharampal had given a threat that if anybody gives evidence in the proceeding then he will not be spared. Notwithstanding the aforesaid threat the victim Punam deposed in the Court and ultimately Dharampal was con­victed by the learned Trial Judge and was sentenced to rigorous im­prisonment for 10 years. Accused Dharampal preferred an appeal against the said conviction and sentence and the High Court after entertaining the appeal released him on bai